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137 Fla. 194

188 So 642

Dade County v. Kerce

Supreme Court of Florida

Decided October 5, 1938

Supreme Court of Florida · decided 1938-10-05

Cited by 2 later decisions — most recently February 2003

2 state decisions

Relies on Amos v. Mathews · Amos v. Mathews

Good law ✅— No negative treatment on recordhow we know

Decided 1938-10-05

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¶1I am unable to concur in the conclusion reached in the opinion prepared by Mr. Justice WHITFIELD for two reasons.

¶2Chapter 17974 is, in my opinion, nothing more nor less than a local and special law applying, and intending to apply, only to Dade County.

¶3In the enactment of this special and local statute, the *216 provisions of Section 21, Article III of the Constitution was not complied with and, therefore, it never became a law. If we try to sustain the Act as a general law, we must find some basis in reason for the classification used. I am unable to find any basis in reason why such legislation should be confined to only that county having a population of more than 180,000.

¶4The other reason is that the Act attempts to appropriate a State tax to the payment of outstanding County and District bonds. A State tax can not be appropriated for such purpose. See Amos v. Matthews, 99 Fla. 65, 126 So. 308.

¶5Therefore, I think the order appealed from should be affirmed.

¶6ELLIS, C.J., and BROWN, J., concur.

¶7

ON REHEARING
En Banc.

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